Rule 55.20 Libel and Slander Averments—Defenses

• Library: Civil Procedure (2007 Ed. + 2013 Supp)

XX. Rule 55.20 Libel and Slander Averments—Defenses

A. Text of Rule

In an action for libel and slander, it shall not be necessary to state in the petition any extrinsic facts for the purpose of showing the application to the plaintiff of the defamatory matter out of which the claim arose, but it shall be sufficient to state, generally, that the same was published or spoken concerning the plaintiff; and if such allegation be not controverted in the answer, it shall not be necessary to prove it on the trial; in other cases it shall be necessary. The defendant may, in the answer, allege both the truth of the matter charged as defamatory and any mitigating circumstances admissible in evidence to reduce the amount of damages; and whether the defendant proves the justification or not, the defendant may give in evidence any mitigating circumstances.

B. Historical Note

None.

C. Cross-References

This Rule is almost identical to § 509.210, RSMo 2000. No comparable federal rule exists.

D. Time Constraints

None.

E. Comment

1. Generally

A defamatory statement is one that tends to expose the...